These terms and conditions of use (the “Terms of Use”) apply to the use of Krome Body website at www.kromebody.com, and all associated sites linked to www.kromebody.com by Krome Body (collectively, the “Site”). It is a LEGAL AGREEMENT between you and Krome Body Group (“Krome Body”). By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be legally bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree with any of the listed conditions, do not access or otherwise use this site or any information contained on this site.

Krome Body reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Krome Body grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

GENERAL USE RESTRICTIONS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Krome Body, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Krome Body grants you the limited right to display the Materials only on your personal computer for your personal use. You agree not to use the materials for any other purpose without the prior written consent of Krome Body. Without limitation, you agree not to reproduce, re-distribute, sell, publish, broadcast or circulate any information contained in the materials to anyone, including others in the same company or organization. You may not post content from this site to news groups, mail lists, or bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these terms. Upon termination you agree to immediately destroy any printed or downloaded materials.

You agree not to “frame” or “mirror” any materials or third-party content contained on this site on any other server or internet based device without the advanced written permission of Krome Body or its licensors, respectively. This site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by Krome Body. Such links do not constitute an endorsement by Krome Body. You acknowledge that Krome Body is providing these links to you only as a convenience; you further agree that Krome Body is not responsible for the content of such sites.

Certain areas of this site are password restricted to authorized users (“Restricted Areas”) If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for the confidentiality of your password and account information, and agree to notify Krome Body immediately if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may incur under your password protected account whether or not you are the individual who undertakes such activities. You agree to immediately notify Krome Body of any unauthorized use of your account or any other breach of security in relation thereof known to you.

CONTENT AND HYPERLINKS

This website may contain hyperlinks to third party websites, and those websites are the sole responsibility of such independent third parties and use thereof is solely at your own risk. Krome Body has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. Krome Body expressly forbids the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon approval.

DISCLAIMERS

KROME BODY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KROME BODY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

KROME BODY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KROME BODY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NEWELL KROME BODY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

JURISDICTION AND CHOICE OF LAW

Krome Body controls and operates this site from its facilities in the United States of America. You and Krome Body irrevocably consent to the exclusive jurisdiction of the courts located in California in connection with any action arising out of or related to these terms of use or their subject matter. You and Krome Body waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. If you use this site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content.

VIOLATION OF THESE TERMS OF USE

Krome Body may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Krome Body’s rights or property, or the rights or property of visitors to or users of the Site, including Krome Body’s customers. Krome Body reserves the right at all times to disclose any information that Krome Body deems necessary to comply with any applicable law, regulation, legal process or governmental request. Krome Body also may disclose your information when Krome Body determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Krome Body may preserve any transmittal or communication by you with Krome Body through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Krome Body determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Krome Body, its employees, users of or visitors to the Site, and the public.

You agree that Krome Body may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Krome Body, for which monetary damages would be inadequate, and you consent to Krome Body obtaining any injunctive or equitable relief that Krome Body deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Krome Body may have at law or in equity.

You agree that Krome Body may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Krome Body does take any legal action against you as a result of your violation of these Terms of Use, Krome Body will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Krome Body. You agree that Krome Body will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

TRADEMARKS AND COPYRIGHTS

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Krome Body or any third party whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Krome Body is the owner of all trademarks and service marks on this website whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).